Common use of Disqualification; Conflicting Interests Clause in Contracts

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 10 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 6 contracts

Samples: Indenture (Surety Capital Corp /De/), Security Agreement (Bayou Steel Corp), Intercreditor Agreement (River Road Realty Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one seriesAgreement.

Appears in 3 contracts

Samples: Trust Agreement (Doral Financial Corp), Doral Properties Inc, Doral Properties Inc

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, Section 310(b) the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Indenture (Vib Corp), Expenses and Liabilities (Amerus Capital I)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resignresign as Trustee hereunder, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V

Disqualification; Conflicting Interests. If the --------------------------------------- Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Hussmann International Inc, Nationwide Financial Services Capital Trust

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities Senior Notes of more than one series.

Appears in 2 contracts

Samples: Senior Note Indenture (AGCO International GmbH), Senior Note Indenture (Agco Corp /De)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To Indenture provided, however, nothing shall prohibit or disqualify an employee of the extent permitted Company from acting as Trustee solely because that Person is employed by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one seriesCompany.

Appears in 1 contract

Samples: Suiza Foods Corp

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and resign in the manner provided by, and subject to the provisions of, of the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Bnccorp Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in NY12534: 53599.4 the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Staples Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act of and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Jetblue Airways Corp

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.the

Appears in 1 contract

Samples: Hussmann International Inc

Disqualification; Conflicting Interests. If the Trustee has shall have or shall acquire any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such conflicting interest or resign, resign to the extent and extent, in the manner provided byand with the effect, and subject to the provisions ofconditions, provided in the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (DPL Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest with respect to Debt Securities of any series by virtue of being a trustee under this Indenture with respect to Securities any particular series of more than one seriesDebt Securities.

Appears in 1 contract

Samples: Minnesota Mining & Manufacturing Co

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, Nothing herein shall prohibit the Trustee shall not be deemed to have a conflicting interest by virtue from filing the application described in the penultimate paragraph of being a trustee under Section 310(b) of the Trust Indenture Act as the same is in effect on the date of this Indenture with respect to Securities of more than one seriesinstrument, or any successor provision or any other application seeking similar relief.

Appears in 1 contract

Samples: Electric Lightwave Inc

Disqualification; Conflicting Interests. If this Indenture is qualified under the Trust Indenture Act and if the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Olympic Financial LTD)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities Subordinated Notes of more than one series.

Appears in 1 contract

Samples: Subordinated Note Indenture (AGCO International GmbH)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To The Trust Agreement and the extent permitted by such Act, the Trustee Parent Guarantee shall not be deemed to have a conflicting interest by virtue of being a trustee under be specifically described in this Indenture with respect to Securities for the purposes of more than one seriesclause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Samples: Cleveland Electric Financing Trust I

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent within the time period, and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Gentiva Health Services Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any acquires a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall will either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and Sections 10.09 and 10.10 of this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: MFN Financial Corp

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any acquires a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall will either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and Sections 11.09 and 11.10 of this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (MFN Financial Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, by the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Purchase Agreement (Zenith National Insurance Corp)

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